PURPOSE

To request City Council approval of a Professional Services Agreement (PSA) between the City of Burbank and Leo A. Daly (Daly) to provide architectural design, specialty consultants, and engineering services to complete the design effort for the Development & Community Services Building (DCSB) Project, (hereinafter the �Project�) and to resume the Project design effort.

BACKGROUND

WWCOT commenced comprehensive architectural design, engineering, and specialty consultant services for the DCSB Project on November 15, 2001.   The City placed the DCSB Project on hold January 24, 2003 in response to cost cutting measures across all City departments to position itself against potential fiscal impacts the California State Budget crisis may eventually impose on its funding resources.

Design services were completed through ten percent (10%) of the Construction Document Phase at the time the Project was placed on hold.  WWCOT performed its design services consistent with its contractual obligations and have been commensurately compensated for its services.  Since that time, only minor administrative City efforts, including completion of the initial phase for overhead utility under-grounding efforts were completed.   No other design efforts have proceeded.

ANALYSIS

Architectural Firm Comparison � In evaluating the potential for substituting the existing Architectural Team, staff looked to its initial A-E selection process and determined that its second choice at that time, Leo A. Daly (Daly), currently demonstrates in-house qualifications, project expertise, and ability to successfully complete the DCSB Project. 

In exercising due diligence, staff concluded that Daly offers these Project benefits.

            1.         Senior Project Team with substantial and commensurate project-related experience.

            2.         A LEEDs Accredited Professional � a critically important staff position to meet the City�s goal of LEED certification.

          3.         Complete design, administration, and engineering support services that cost-effectively complete the Project within budgetary constraints.

           4.         Provide an objective second look at the existing Project design and program to address potential design concerns with a critical eye toward aesthetic, functional, and economic considerations. 

Cost and schedule to retain Daly were also considered and deemed equivalent to WWCOT�s contract balance.  Although an apples to apples cost for Daly�s services is lower than WWCOT�s remaining $932,000 contract balance, there is a net increase of $65,000 as a result of additional professional services.  These added services are primarily attributable to design allowances, the inclusion of the PIO as an additional tenant, and the addition of a community room with broadcasting and communication capabilities.  Please refer to the Fiscal Impact section for further details. 

No schedule benefits are expected.  When the Project design effort resumes, there will be an approximate sixty day learning and design assessment curve to overcome.   Staff does not see this schedule increase as material, especially in light of the eight month imposed delay recently experienced.

As a matter of legal record and industry standard, WWCOT will be designated as the Design Architect of Record and Daly will be listed as the Architect of Record on all subsequent project related documents. 

Oversight Committee Involvement - Staff met with the Project�s Oversight Committee to discuss the opportunity to substitute the Project Architect with the Committee favoring exploring the option.  Staff reconvened with the Committee after it�s assessment of legality, process, cost, schedule, firm capability, and other criteria were examined.   Based on staff�s findings, the Committee directed staff to proceed with the substitution for WWCOT to City Council. 

Firm Profile � Leo A. Daly (Daly) is an internationally recognized, award-winning, architecture, planning, engineering, and interior design firm, consistently ranked among the top 10 largest architecture / engineering firms and the top 10 interior design firms in the U.S.   With 1,000 professionals in 19 offices worldwide, their diverse portfolio includes world-class projects, of all sizes and scope, in over 50 countries, all 50 states, and the District of Columbia. 

Daly�s Los Angeles office has 65 professionals, 52 of which are first-rate architects.  Following are their most recent landmark projects:

     �        Cathedral of our Lady of the Angeles � Los Angeles, CA

     �        Reptile Exhibit Center and Rainforest of the Americas � Los Angeles Zoo, CA

     �        CSU - Channel Islands Spoor Broome Library, CA

     �        Santa Monica College Main Stage Theater � Santa Monica, CA

     �        Tom Bradley International Terminal � Los Angeles International Airport, CA

They are a global leader of design excellence in the built environment, whose goal is to create exceptional projects that enhance and enrich the human experience.  They succeed by providing exemplary design services, and by constantly exceeding their client�s goals and expectations.  A quote by Leo A. Daly III, FAIA, sums up Daly�s philosophy - �Quality of design is our highest pursuit.�

The Architectural Team, including those WWCOT Consultants[1] whose contracts have been assigned to the City and subsequently re-assigned to Daly upon approval of the PSA, are delineated in Exhibit A. 

Professional Services Agreement � Attachment A is the Professional Services Agreement (PSA) to be used between the City and Leo A. Daly and provides cost, scope of services, and Team Member information to complete the design effort for the DCSB Project.  All requisite project-related services are included within the PSA to ensure completion of the design, bidding, and construction administration efforts needed for a successful project based on detailed discussions and negotiations with Daly.  

PROJECT SCHEDULE

Based on City Council�s approval to commence design services with Leo A. Daly, the following milestone activities are anticipated.

                  1.                              Construction Document Completion                                        July 2004

                  2.                              Construction Document and GMP Approvals                         September 2004

                  3.                              Commence Construction                                                          October 2004

                  4.                              Complete Construction                                                             January 2006

                  5.                              Occupancy                                                                                  March 2006

FISCAL IMPACT

In comparing Daly�s proposed services to WWCOT�s remaining $932,000 PSA balance, Daly�s services are approximately $11,000 lower than WWCOT.  However, from a comprehensive needs assessment or turn-key services standpoint, City staff deems it necessary to augment Daly�s proposal and have therefore requested the additional services described below.

      1.      $ 60,000 - Design Allowance to be managed by the City to:

i.          evaluate potential exterior and interior design issues,

ii.         evaluate potential access and site concerns,

iii.        complete the Community Room and PIO program space, and

iv.        provide value engineering and constructability reviews.

            2.  $16,200 - The City�s request to include an Audio Visual (AV) Consultant to address the special needs anticipated for the PIO and Community Room functions that have since been added to the DCSB�s original program.

Staff negotiated the cost to complete the balance of design, bidding, and construction administration services, including the above listed service augmentation, for a Not-to-Exceed (NTE) Fee of Nine Hundred & Ninety-Seven Thousand Dollars ($997,000.00) as detailed within the PSA.  This Fee is $65,000 dollars higher than WWCOT�s remaining PSA[2] balance.  The project contingency established as part of the overall project budget and previously accepted by City Council will absorb this $65,000 cost increase without seeking an additional funding resource.

RECOMMENDATION

Staff recommends City Council approval of the Professional Services Agreement between the City of Burbank and Leo A. Daly to provide architectural design, specialty consultants, and engineering services to complete the design effort for the Development & Community Services Building, authorize execution of the PSA, and to resume the Project design effort.

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